Arbitrator adopts IME doctor over treater

Mark Vizza prevailed in the case of Jerry Pratt v. Vactor Manufacturing. The Arbitrator found that the petitioner's present condition of ill-being is not causally-related to any accident arising out of the course of the petitioner's employment with the Respondent.

Arbitrator Granada in his Decision noted that he was persuaded by the opinions of Dr. Breslow, respondent's Section 12 doctor, when compared to those of Dr. Chudik, the treating physician. Dr. Chudik had originally diagnosed a tear of the lateral cartilage of the meniscus current and an old bucket handle tear of the medial meniscus. He then performed orthopedic surgery and found that diagnosis was incorrect. He then performed a right chondroplasty with abrasionplasty. At no time prior to the operation did Dr. Chudik ever diagnose the petitioner with chondromalacia. The Arbitrator found that it was apparent that the petitioner suffered a contusion and had increased pain in his right knee. The Arbitrator found there is no indication that the chondromalacia found by Dr. Chudik was caused or aggravated by the accident. The petitioner was then seen by Dr. Rhode who stated he was unclear as to the condition the petitioner was suffering from at the time of the accident.

The petitioner in his Proposed Decision requested that the Arbitrator award the petitioner 12-2/7 weeks temporary total disability benefits, $18,374.50 in medical, and a hold harmless for the medical paid by the group carrier in the amount of $2,379.50. The petitioner then also requested that the Arbitrator find that the petitioner had suffered the loss of use of the right leg to the extent of 22.5% loss of use. The 22.5% loss of use of the leg had a dollar figure of $24,959.57. Arbitrator Granada did not award any temporary total disability benefits, awarded approximately $835.00 in medical expenses and 5% loss of use of the leg. The Decision resulted in a net savings to the client of approximately $45,000.00.